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1. Rescinding Ordinance No. 7,114-N.S. for the sale of 2240 Ninth Street; and

2. Authorizing the City Manager to (1) execute a lease agreement and any amendments to the lease agreement with Nia House Learning Center (Nia House) for three City-owned parcels located at 2234-2240 Ninth Street for the purpose of operating a child care center and (2) give Nia House permission to seek a merger of the three parcels to facilitate its expansion.First Reading Vote: All AyesFinancial Implications: See report
Contact: Jane Micallef, Health, Housing and Community Services, 981-5400Action: Adopted second reading of Ordinance No. 7,286–N.S.

2. City Council Rules of Procedure and Order
From: City ManagerRecommendation: Adopt a Resolution revising the City Council Rules of Procedure and Order to clarify the procedures relating to Time Critical agenda items submitted for consideration by the Agenda Committee, and rescinding Resolution No. 66,016-N.S.Financial Implications: None
Contact: Mark Numainville, City Clerk, 981-6900Action: Moved to Action Calendar. 0 speakers. M/S/C (Bates/Wozniak) to adopt Resolution No. 66,180–N.S.Vote: Ayes – Maio, Moore, Capitelli, Wengraf, Wozniak, Bates; Noes – Anderson, Arreguin, Worthington.

3. Assessment: Downtown Property and Business Improvement District
From: City ManagerRecommendation: Adopt a Resolution
1. Approving the Annual Report for the Downtown Property and Business Improvement District for Fiscal Year 2013 and proposed budget for 2014;
2. Declaring an intention to levy annual assessments in the District for Fiscal Year 2014; and
3. Setting a public hearing on the levy of assessments for July 16, 2013.Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530Action: Adopted Resolution No. 66,181–N.S.

4. Assessment: North Shattuck Business Improvement District
From: City ManagerRecommendation: Adopt a Resolution:
1. Approving the FY 2013 Annual Report of the North Shattuck Business Improvement District (NSBID);
2. Declaring Council's intention to levy an annual assessment for the NSBID for FY 2014; and
3. Scheduling a public hearing for July 16, 2013.Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530Action: Adopted Resolution No. 66,182–N.S.

5. Assessment: Telegraph Property and Business Improvement District
From: City ManagerRecommendation: Adopt a Resolution:
1. Approving the Annual Report for the Telegraph Property and Business Improvement District for FY 2013 and proposed budget for 2014;
2. Declaring an intention to levy annual assessments in the District for FY 2014; and
3. Setting a public hearing on the levy of assessments for July 16, 2013.Financial Implications: See report
Contact: Michael Caplan, Economic Development, 981-7530Action: Moved to Action Calendar. 0 speakers. M/S/C (Bates/Wozniak) to call the previous question.Vote: Ayes – Moore, Anderson, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None; Abstain – None; Absent – Maio, Arreguin.

6.**Removed by City Manager**Waiver of Annual Marina Berth and Storage Fees for Non-ProfitsContact: Scott Ferris, Parks, Recreation and Waterfront, 981-6700

7. Agreement: East Bay Municipal Utility District for Sewer Service Billing and Collection
From: City ManagerRecommendation: Adopt a Resolution authorizing the City Manager to execute a sole source agreement and any necessary amendments with the East Bay Municipal Utility District for sewer service billing and collection for the period July 1, 2013 to June 30, 2023 for an amount not to exceed $5.5 million.Financial Implications: Sanitary Sewer Operation - $5,500,000
Contact: Andrew Clough, Public Works, 981-6300Action: Adopted Resolution No. 66,184–N.S.

8. Contract: J. Howard Engineering, Inc. for Sanitary Sewer Rehabilitation Project on Hillcrest Road Domingo Avenue, Plaza Drive, The Uplands, and Parkside Drive
From: City ManagerRecommendation: Adopt a Resolution:
1. Approving plans and specifications for the Sanitary Sewer Project, 13-10728-C, located on Hillcrest Road, Domingo Avenue, Plaza Drive, The Uplands, and Parkside Drive; and
2. Accepting the bid of the lowest responsive and responsible bidder, J. Howard Engineering, Inc.; and
3. Authorizing the execution of a contract and any amendments, extensions or other change orders until completion of the project in accordance with the approved plans and specifications, in an amount not to exceed $573,577.Financial Implications: Sanitary Sewer Operation - $573,577
Contact: Andrew Clough, Public Works, 981-6300Action: Adopted Resolution No. 66,185–N.S.

9. Contracts: On-Call Design Services for Storm Infrastructure and Watershed Management Plan Projects
From: City ManagerRecommendation: Adopt three Resolutions authorizing the City Manager to execute contracts and any amendments with the following firms for on-call design services for storm infrastructure and Watershed Management Plan projects for contract periods of June 5, 2013 through June 30, 2016 each:
1. AMEC Environmental and Infrastructure, Inc. for an amount not to exceed $300,000; and
2. Pakpour Consulting Group, Inc. for an amount not to exceed $300,000; and
3. Harrison Engineering, Inc., for an amount not to exceed $300,000.Financial Implications: See report
Contact: Andrew Clough, Public Works, 981-6300Action: Adopted the following resolutions:
1. Resolution No. 66,186–N.S. (AMEC)
2. Resolution No. 66,187–N.S. (Pakpour)
3. Resolution No. 66,188–N.S. (Harrison)

12. Access to Divisional Islands
From: Councilmember ArreguínRecommendation: Direct the City Manager to provide a report to Council regarding the possibility of limited and permitted access to Divisional Islands, and any attendant issues.Financial Implications: Staff time
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140Action: Approved recommendation.

13. Positive Change Donation Box Program
From: Councilmember ArreguínRecommendation: Direct the City Manager to coordinate with the Downtown Berkeley Association over the possible re-appropriation of unused police phone boxes within the Downtown Business Improvement District Area for the Positive Change donation box program.Financial Implications: Unknown
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140Action: Approved recommendation.

14. The Victory Garden Foundation: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds
From: Councilmember ArreguínRecommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $1,000 in total to the Victory Garden Foundation for the purpose of the Climate Challenges, Climate Solutions Internship Program at Berkeley High School. Funds shall be relinquished to the City's General Fund for this purpose from the discretionary Council Office Budgets of Councilmember Arreguín and any other Councilmembers who wish to contribute towards the total.Financial Implications: Councilmember's Discretionary Fund - $1,000
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140Action: Adopted Resolution No. 66,190–N.S. revised to include contributions from the following Councilmembers up to the amounts the listed: Councilmember Maio - $100; Councilmember Anderson - $100; Councilmember Wozniak - $200; Councilmember Arreguin - $200; Councilmember Wengraf - $100.

From: Councilmember ArreguínRecommendation: Adopt a Resolution approving the expenditure of an amount not to exceed $250 per Councilmember to the North Shattuck Association with funds relinquished to the City’s general fund for this purpose from the discretionary Council Office Budgets of Councilmember Jesse Arreguín, and any other Councilmembers who would like to contribute.Financial Implications: Councilmember's Discretionary Fund - $250
Contact: Jesse Arreguín, Councilmember, District 4, 981-7140Action: Item held over to June 11, 2013.

17. City Manager Referral: Naming of Twain Path No. 68 in Honor of Councilmember Betty Olds
From: Councilmember WengrafRecommendation: In accordance with the City of Berkeley's naming policy, refer to the City Manager the naming of the new Twain Path No. 68 and request that this be sent to the appropriate commission for consideration and return to Council with a recommendation. The Berkeley Path Wanderers and the adjacent neighbors of Path No. 68 are in full support of naming this new path in honor of former Councilmember Betty Olds.Financial Implications: See report
Contact: Susan Wengraf, Councilmember, District 6, 981-7160Action: Approved recommendation.

18. Support Postal Service Protection Act of 2013
From: Councilmember Worthington and Mayor BatesRecommendation: Support the Postal Service Protection Act of 2013 and send letters to Congresswoman Barbara Lee urging her to co-sponsor HR 630 and to Senators Barbara Boxer and Dianne Feinstein urging them to co-sponsor SB 316.Financial Implications: None
Contact: Kriss Worthington, Councilmember, District 7, 981-7170Action: Letter to Congresswoman Lee revised to thank her for co-sponsoring HR 630. Councilmember Arreguin added as a co-sponsor. Approved recommendation.

20. Appeal of Proposed Special Assessment Lien - 1722 Ninth Street
From: City ManagerRecommendation: Conduct a hearing and upon conclusion, adopt a Resolution rejecting the property owner's objection to the cost of the administrative fines issued to him for his failure to comply with Council Resolution No. 65,749-N.S. and allowing the lien to be recorded as written and approved by the City Manager.Financial Implications: See report
Contact: Gregory Daniel, Code Enforcement, 981-2482Action: Hearing Held. 3 speakers. M/S/F (Arreguin/Anderson) to adopt the staff recommendation with a 90-day hold on further issuance of citations.Vote: Ayes – Anderson, Arreguin; Noes – Maio, Wozniak, Bates; Abstain – Moore, Capitelli, Wengraf; Absent – Worthington (Recused)

Action: M/S/C (Maio/Wozniak) to adopt Resolution No. 66,192–N.S. rejecting the property owner's objection to the cost of the administrative fines issued to him for his failure to comply with Council Resolution No. 65,749-N.S. and allowing the lien to be recorded as written and approved by the City Manager.Vote: Ayes – Maio, Moore, Anderson, Capitelli, Wengraf, Wozniak, Bates; Noes – Arreguin; Abstain – None; Absent – Worthington (Recused)

Administrative Record (PDF)
From: City ManagerRecommendation:
1. Conduct a public hearing pursuant to Berkeley Municipal Code (BMC) Section 23B.64.030 and, upon conclusion, direct staff to return with a Resolution on June 11, 2013 determining that 1515 Dwight Way is in violation of: 1) BMC Chapter 12.26 The Patients Access to Medical Cannabis Act of 2008; 2) BMC Section 23A.12.010; 3) Health and Safety Code Section 11362.765(a); and 4) a Public Nuisance under BMC Section 23B.64.020 and order the use enjoined and terminated; and
2. Continue the Council's consideration to June 11, 2013 for adoption of the Resolution.Financial Implications: None
Contact: Gregory Daniel, Code Enforcement, 981-2482Public Testimony: The Mayor opened the public hearing. 9 speakers. Action: M/S/C (Arreguin/Maio) to close the public hearing.Vote: Ayes – Maio, Moore, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – Worthington; Abstain – Anderson.

Action: M/S/C (Arreguin/Moore) to approve the City Manager’s recommendation to:
1. Direct staff to return with a Resolution on June 11, 2013 determining that 1515 Dwight Way is in violation of: 1) BMC Chapter 12.26 The Patients Access to Medical Cannabis Act of 2008; 2) BMC Section 23A.12.010; 3) Health and Safety Code Section 11362.765(a); and 4) a Public Nuisance under BMC Section 23B.64.020 and order the use enjoined and terminated; and
2. Continue the Council's consideration to June 11, 2013 for adoption of the Resolution.Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Wozniak, Bates; Noes – Worthington.

Action: M/S/C (Maio/Wengraf) to approve the City Manager’s recommendation to take no action on the commission’s recommendation, provide on-site pre-adoption spay and neuter services at the Dona Spring Animal Shelter, and allocate $10,000 to provide low-cost spay and neuter services at local veterinary offices for low-income Berkeley residents. Additional funding for the SNYP program to be referred to the budget process.Vote: Ayes – Maio, Moore, Anderson, Arreguin, Capitelli, Wengraf, Worthington, Wozniak, Bates; Noes – None.

Action: M/S/F (Worthington/Bates) to call the previous question on the Main Motion by Mayor Bates to adopt the ordinance with the three-year option in Sections 23C.08.020.B., use 50% AMI in 23C.08.020.A.5.a., include the amendments submitted by Councilmember Arreguin in Section 23C.08.020.A.4., and change the language from “prevailing plaintiff” to “prevailing party” in 23C.08.035.Vote: Ayes – Maio, Anderson, Arreguin, Worthington, Bates; Noes – Capitelli; Abstain – Moore, Wengraf, Wozniak.

25. b. Draft Mayor and Council Office Budget Donation Policy (Continued from May 21, 2013)
From: City ManagerRecommendation: Provide comments on a draft Mayor and Councilmember Office Budget Donation policy and, if appropriate, provide direction to the City Manager to return with a draft Resolution modifying the policy for the City Council's consideration.Financial Implications: No direct fiscal impacts
Contact: Christine Daniel, City Manager, 981-7000Action: Items 25a and 25b held over to June 11, 2013.

27. Berkeley Medical Marijuana Regulations (Continued from May 21, 2013)
From: Councilmember MooreRecommendation: Postpone taking action on adopting any local medical cannabis regulations in light of several proposals currently being considered by the state legislature.Financial Implications: Unknown
Contact: Darryl Moore, Councilmember, District 2, 981-7120Action: Item removed from Agenda by Councilmember Moore.

CommunicationsCouncil rules limit action on Communications to referral to the City Manager and/or Boards and Commissions for investigation and/or recommendations. All communications submitted to Council are public record. Communications are not published directly to the City’s website. Copies of individual communications are available for viewing at the City Clerk Department and through Records Online.

Item 15: North Shattuck Association Chocolate and Chalk Art Festival: Relinquishment of Council Office Budget Funds to General Fund and Grant of Such Funds23. Revised materials, submitted by Councilmember Arreguin